Submitted by Kline59 on Sat, 05/16/2009 - 08:58
Posted in
My landlord is just not listening to me about my money problems. If I file bankruptcy will that stop the eviction he started?
Read Similar Questions
- Automatic stay in bankruptcy to stop lawsuit in MA?
- Can I stop wage garnishment by filing bankruptcy
- Bankruptcy and lottery winnings in MA
- Can Bankruptcy Stop Foreclosure?
- Can Bankruptcy Stop Foreclosure?
- Can I stop my eviction?
- Can Bankruptcy Stop a Massachusetts Foreclosure?
- Debt Collection after Bankruptcy
- Can Bankruptcy Stop Foreclosure?
- What will Creditors do after I file Bankruptcy?
Recent Posts about Massachusetts Laws
| Forum | Last post |
|---|---|
|
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
|
2/7/2012 23:02 by gramy |
|
My roommate gave our landlord his notice that he was moving out the end of Feb in writing on Jan 31st, he didn....
|
2/7/2012 13:18 by sandrah |
|
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
|
2/7/2012 08:18 by Adam13 |
|
Hi everybody.
I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
|
2/6/2012 13:50 by ilya980 |
|
I've been helping a friend pay for a lawyer to go to probate court.
Her ex-Boyfriend, whom she is taking to c....
|
2/6/2012 12:21 by rbiddle |
|
Hello. I live in Massachusetts and I'll have to file bankruptcy in the next few weeks or definitely within a ....
If it were me, I would stop using the credit card(s). Since you ....
|
2/6/2012 06:45 by RCD68 |
|
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so. In terms of civil liability (as opposed to cri....
|
2/3/2012 07:17 by Coller |
|
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
|
2/2/2012 18:50 by JGraul |
|
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
|
2/2/2012 08:07 by Sister6 |
|
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
|
1/24/2012 11:47 by RRM |
|
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
|
10/2/2011 18:37 by Anonymous |
Editor's Response
Filing a bankruptcy petition just to stop an eviction would not be looked upon favourably by the bankruptcy court. The judge might consider it an abuse of the bankruptcy proceeding, impose sanctions on you and/or dismiss the petition. Also, it is not a very good strategy. The landlord can apply to the bankruptcy court for relief from the automatic stay and then seek possession of the unit. At best, you might delay the eviction. Good luck, and please tell your friends about The Forum.
I will have to disagree with
I will have to disagree with editor, at least in part. If you have additional reasons that warrant filing bankruptcy, such as high credit card debt, car loans, or medical bills, bankruptcy may provide a needed fresh start.
Also, as the editor points out, bankruptcy is likely to delay the eviction by the land lord for maybe a month or two, however, this will allow you live rent free for a month or two and may help your current financial situation.
Finally, you are likely to own the land lord money post eviction (for back rent) and in bankruptcy you will be able to have that debt discharged.
In short, I think we need more information to determine whether or not bankruptcy is warranted in your particular case.
Good luck
Robert Kovacs
Editor's Response
Yes, Attorney Kovacs is right: If you have additional,legitimate reasons for filing for bankruptcy, it may make sense.